Submitting your trademark application with the USPTO begins the federal trademark registration process
. Legal requirements and deadlines must be met and additional fees may be required throughout the process. The majority of trademark applications filed by non-attorneys get rejected.
Every federal trademark application must have a legal basis for filing. The primary filing bases for the majority of trademarks are: Section 1(a) Use; and Section 1(b) Intent-to-Use.
The following timelines provide an overview of the process steps and time frames for filing a trademark application with a particular filing basis and for maintaining a trademark registration.
Application based on use in commerce
A Section 1(a) filing basis is applicable when you are currently using your trademark in commerce with all the goods/services in your application. You must provide the date you began using your trademark and a specimen (real-use sample) showing how the mark is actually being used with the goods/services.
Simplistic Overview of the Federal Trademark Registration Process
Trademark Application Filed
USPTO Reviews Trademark Application
Trademark Attorney Responds
USPTO Publishes Mark
Trademark Attorney Files Declaration